Council IDC Paper No. 68/2009

Proposed Amendments to the Approved Outline Zoning Plan No. S/I-CLK/10

1. Purpose

The purpose of this paper is to brief Members on the amendments to the approved Chek Lap Kok Outline Zoning Plan (OZP) No. S/I-CLK/10.

2. Background

2.1 On 19 May 2006, the approved Chek Lap Kok OZP No. S/I-CLK/10 was exhibited for public inspection under section 9(5) of the Ordinance.

2.2 On 12 June 2009, the draft Chek Lap Kok OZP No. S/I-CLK/11, incorporating the transport infrastructures and land use proposals on the proposed reclamation areas for the Hong Kong-Zhuhai-Macao Bridge, the Hong Kong Boundary Crossing Facilities, the Hong Kong Link Road and the Southern Landfall of the Tuen Mun Chek Lap Kok Link, was exhibited for public inspection under section 5 of the Ordinance.

3. Proposed Amendments to the Approved Chek Lap Kok OZP

3.1 The draft Chek Lap Kok OZP No. S/I-CLK/11 incorporating the necessary amendments is at Appendix I for Members’ reference.

3.2 The amendments to the OZP are summarized in the Gazette Notice dated 12.6.2009 (Appendix II).

3.3 The revised Notes and Explanatory Statement of the OZP are at Appendices III and IV.

4. Consultation

The amendments to the OZP have been agreed by the Rural and New Town Planning Committee (RNTPC) at its meeting on 5.6.2009. The RNTPC agreed that the Islands District Council should be consulted during the public inspection period.

5. Attachments

Appendix I Gazette Notice dated 12.6.2009 Appendix II Draft Chek Lap Kok Outline Zoning Plan No. S/I-CLK/11 Appendix III Notes of the draft Chek Lap Kok Outline Zoning Plan No. S/I-CLK/11 Appendix IV Explanatory Statement of the draft Chek Lap Kok Outline Zoning Plan No. S/I-CLK/11

Sai Kung and Islands District Planning Office Planning Department June 2009 - 2 -

Appendix I TOWN PLANNING ORDINANCE (Chapter 131)

AMENDMENTS TO APPROVED CHEK LAP KOK OUTLINE ZONING PLANNO. S/I-CLK/10

In the exercise of the power conferred by section 12(1)(b)(ii) of the Town Planning Ordinance (the Ordinance), the Chief Executive in Council (CE in C) on 5 May 2009 referred the approved Chek Lap Kok Outline Zoning Plan No. S/I-CLK/10 to the Town Planning Board (the Board) for amendment.

The Board has made amendments to the Plan. The amendments are set out in the Schedule of Amendments. The descriptions of the areas affected by the amendments in the Schedule of Amendments are for general reference only. The exact locations of the areas affected by the amendments are more specifically shown on the draft Chek Lap Kok Outline Zoning Plan No. S/I-CLK/11.

The draft Chek Lap Kok Outline Zoning Plan No. S/I-CLK/11 showing the amendments is exhibited under section 5 of the Ordinance for public inspection for a period of two months from 12 June 2009 to 12 August 2009 during normal office hours at the following locations :-

(i) the Secretariat of the Town Planning Board, 15th Floor, North Point Government Offices, 333 Java Road, North Point, Hong Kong;

(ii) the Planning Enquiry Counter, 17th Floor, North Point Government Offices, 333 Java Road, North Point, Hong Kong;

(iii) the Planning Enquiry Counter, 14th Floor, Sha Tin Government Offices, 1 Sheung Wo Che Road, Sha Tin, ;

(iv) the Sai Kung and Islands District Planning Office, 15th Floor, Sha Tin Government Offices, 1 Sheung Wo Che Road, Sha Tin, New Territories;

(v) the Islands District Office, 20th Floor, Harbour Building, 38 Pier Road, Central, Hong Kong;

(vi) the Islands District Office, Sub-office, Ground Floor, Mui Wo Government Offices, 2 Ngan Kwong Wan Road, Mui Wo, ; and

(vii) the Islands District Office, Sub-office, 1st Floor, Tung Chung Post Office Building, 6 Mei Tung Street, Tung Chung, Lantau Island.

In accordance with section 6(1) of the Ordinance, any person may make representation to the Board in respect of any of the amendments. The representation should be made in writing to the Secretary, Town Planning Board, 15th Floor, North Point Government Offices, 333 Java Road, North Point, Hong Kong not later than 12 August 2009.

In accordance with section 6(2) of the Ordinance, a representation shall indicate :- - 2 -

(a) the particular matter in any of the amendments to which the representation relates;

(b) the nature of and reasons for the representation; and

(c) the amendments (if any) proposed to the draft plan.

Any representation made to the Board will be available for public inspection under section 6(4) of the Ordinance until the CE in C has made a decision in respect of the draft plan in question under section 9. Any person who intends to make representation is advised to read the “Town Planning Board Guidelines on Submission and Publication of Representations, Comments on Representations and Further Representations under the Town Planning Ordinance” for details. The Guidelines and the sample submission form are available at locations (i) to (iii) above and the Board’s website (http://www.info.gov.hk/tpb/).

Copies of the draft Chek Lap Kok Outline Zoning Plan No. S/I-CLK/11 incorporating the amendments are available on payment of a fee at the Survey and Mapping Office, Map Publications Centre (Hong Kong), 23rd Floor, North Point Government Offices, 333 Java Road, North Point, Hong Kong, and the Survey and Mapping Office, Map Publications Centre (), Ground Floor, 382 Nathan Road, Kowloon. The electronic version of the plan can be viewed at the Board’s website.

Statement on Personal Data

The personal data submitted to the Board in any representation will be used by the Secretary of the Board and Government departments for the following purposes :-

(a) the processing of the representation which includes making available the name of the person making the representation (hereafter known as “representer”) for public inspection when making available the representation for public inspection; and

(b) facilitating communication between the “representer” and the Secretary of the Board/Government departments

in accordance with the provisions of the Ordinance and the relevant Town Planning Board Guidelines.

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SCHEDULE OF AMENDMENTS TO THE APPROVED CHEK LAP KOK OUTLINE ZONING PLAN NO. S/I-CLK/10 MADE BY THE TOWN PLANNING BOARD UNDER THE TOWN PLANNING ORDINANCE (Chapter 131)

I. Amendments to Matters shown on the Plan

Item A1 – Designating part of the extension area at the northeastern water of Hong Kong International Airport as “Other Specified Uses” (“OU”) annotated “Boundary Crossing Facilities” and stipulating building height restrictions for this zone.

Item A2 – Designating the extension area to the northeast of AsiaWorld-Expo as “OU” annotated “Sea Rescue Station” and stipulating building height restriction for this zone.

Item A3 – Designating part of the extension area to the south of CNAC Tower as “OU” annotated “Highways Maintenance Area” and stipulating building height restriction for this zone.

Item A4 – Designating part of the extension area to the north-east of the proposed Boundary Crossing Facilities as “OU” annotated “Ventilation Building” and stipulating building height restriction for this zone.

Item A5 – Designating part of the extension area to the east of the proposed Boundary Crossing Facilities as “OU” annotated “Satellite Control Building” and stipulating building height restriction for this zone.

Item A6 – Designating two strips of extension area near Dragonair Tower as “OU” annotated “Amenity Area”.

Item A7 – Designating two strips of extension area along the eastern shore of Hong Kong International Airport as areas shown as ‘Road’.

Item A8 – Designating part of the extension area abutting the eastern boundary of the proposed Boundary Crossing Facilities as an area shown as ‘Road’.

Item B1 – Rezoning a strip of land to the south of CNAC Tower at the eastern shore of Hong Kong International Airport from “Coastal Protection Area” (“CPA”) to “OU” annotated “Highways Maintenance Area” and stipulating building height restriction for this zone.

Item B2 – Rezoning three strips of land to the south and north-east of CNAC Tower and Dragonair Tower at the eastern shore of Hong Kong International Airport from “CPA” to “OU” annotated “Amenity Area”.

Item B3 – Rezoning three strips of land at the eastern shore of Hong Kong International Airport from “CPA” to area shown as ‘Road’.

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Item C – Rezoning an area at the eastern shore of Hong Kong International Airport from “Commercial” to an area shown as ‘Road’.

II. Amendments to the Notes of the Plan

(a) Incorporation of a new set of Notes for the “OU” annotated “Boundary Crossing Facilities”.

(b) Incorporation of a new set of Notes for the “OU” annotated “Highways Maintenance Area”.

(c) Incorporation of a new set of Notes for the “OU” annotated “Amenity Area”.

(d) Incorporation of a new set of Notes for the “OU” annotated “Ventilation Building”.

(e) Incorporation of a new set of Notes for the “OU” annotated “Satellite Control Building”.

(f) Incorporation of a new set of Notes for the “OU” annotated “Sea Rescue Station”.

(g) Deletion of the set of Notes for the “CPA” zone.

(h) Revision to the covering Notes to reflect the deletion of the “CPA” zone.

Town Planning Board 12 June 2009 Appendix III

DRAFT CHEK LAP KOK OUTLINE ZONING PLAN NO. S/I-CLK/11

(Being a Draft Plan for the Purposes of the Town Planning Ordinance)

NOTES

(N.B. These form part of the Plan)

(1) These Notes show the uses or developments on land falling within the boundaries of the Plan which are always permitted and which may be permitted by the Town Planning Board, with or without conditions, on application. Where permission from the Town Planning Board for a use or development is required, the application for such permission should be made in a prescribed form. The application shall be addressed to the Secretary of the Town Planning Board, from whom the prescribed application form may be obtained.

(2) Any use or development which is always permitted or may be permitted in accordance with these Notes must also conform to any other relevant legislation, the conditions of the Government lease concerned, and any other Government requirements, as may be applicable.

(3) (a) No action is required to make the existing use of any land or building conform to this Plan until there is a material change of use or the building is redeveloped.

(b) Any material change of use or any other development (except minor alteration and/or modification to the development of the land or building in respect of the existing use which is always permitted) or redevelopment must be always permitted in terms of the Plan or, if permission is required, in accordance with the permission granted by the Town Planning Board.

(c) For the purposes of subparagraph (a) above, “existing use of any land or building” means –

(i) before the publication in the Gazette of the notice of the first statutory plan covering the land or building (hereafter referred as ‘the first plan’),

y a use in existence before the publication of the first plan which has continued since it came into existence; or

y a use or a change of use approved under the Buildings Ordinance which relates to an existing building; and

(ii) after the publication of the first plan, - 2 - S/I-CLK/11

y a use permitted under a plan which was effected during the effective period of that plan and has continued since it was effected; or

y a use or a change of use approved under the Buildings Ordinance which relates to an existing building and permitted under a plan prevailing at the time when the use or change of use was approved.

(4) Except as otherwise specified by the Town Planning Board, when a use or material change of use is effected or a development or redevelopment is undertaken, as always permitted in terms of the Plan or in accordance with a permission granted by the Town Planning Board, all permissions granted by the Town Planning Board in respect of the site of the use or material change of use or development or redevelopment shall lapse.

(5) Road junctions, alignments of roads and railway tracks, and boundaries between zones may be subject to minor adjustments as detailed planning proceeds.

(6) Temporary uses (expected to be 5 years or less) of any land or building are always permitted as long as they comply with any other relevant legislation, the conditions of the Government lease concerned, and any other Government requirements, and there is no need for these to conform to the zoned use or these Notes. For temporary uses expected to be over 5 years, the uses must conform to the zoned use or these Notes or in accordance with a permission granted by the Town Planning Board. Notwithstanding that the use is not provided for in terms of the Plan, the Board may grant, with or without conditions, or refuse to grant permission.

(7) The following uses or developments are always permitted on land falling within the boundaries of the Plan except where the uses or developments are specified in Column 2 of the Notes of individual zones:

(a) provision, maintenance or repair of plant nursery, amenity planting, open space, rain shelter, refreshment kiosk, road, bus/public light bus/people mover stop or lay-by, cycle track, railway/people mover track, railway station, railway station entrance, railway structure below ground level, taxi rank, nullah, public utility pipeline, aviation fuel pipeline, electricity mast, lamp pole, telephone booth, telecommunications radio base station, automatic teller machine, shrine, and facility required for the operation, safety and security of the airport including any radar, navigational aid and communication devices;

(b) geotechnical works, local public works, road works, sewerage works, drainage works, environmental improvement works, marine related facilities, waterworks (excluding works on service reservoir) and such other public works co-ordinated or implemented by Government; and

(c) maintenance or repair of watercourse and grave.

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(8) In any area shown as ‘Road’, all uses or developments except those specified in paragraph (7) above and those specified below require permission from the Town Planning Board:

toll plaza, on-street vehicle park and railway track.

(9) Unless otherwise specified, all building, engineering and other operations incidental to and all uses directly related and ancillary to the permitted uses and developments within the same zone are always permitted and no separate permission is required.

(10) In these Notes, “existing building” means a building, including a structure, which is physically existing and is in compliance with any relevant legislation and the conditions of the Government lease concerned.

DRAFT CHEK LAP KOK OUTLINE ZONING PLAN NO. S/I-CLK/11

Schedule of Uses

Page

COMMERCIAL 1

GOVERNMENT, INSTITUTION OR COMMUNITY 2

OTHER SPECIFIED USES 3

GREEN BELT 10

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COMMERCIAL

Column 2 Column 1 Uses that may be permitted with or Uses always permitted without conditions on application to the Town Planning Board

Air Passenger Terminal Cargo Handling and Forwarding Facility Ambulance Depot (Freight Forwarding Service Centre only) Broadcasting, Television and/or Film Studio Government Refuse Collection Point Cargo Handling and Forwarding Facility Research, Design and Development Centre (Distribution Centre only) Commercial Bathhouse/ Massage Establishment Eating Place Educational Institution Exhibition or Convention Hall Ferry Terminal Government Use (not elsewhere specified) Helicopter Landing Pad Hotel Information Technology and Telecommunications Industries Institutional Use (not elsewhere specified) Off-course Betting Centre Office Petrol Filling Station Place of Entertainment Place of Recreation, Sports or Culture Private Club Public Clinic Public Convenience Public Transport Terminus or Station Public Utility Installation Public Vehicle Park (excluding container vehicle) Recyclable Collection Centre Refuse Disposal Installation Religious Institution Shop and Services Social Welfare Facility Training Centre Utility Installation for Private Project Wholesale Trade

Planning Intention

This zone is intended primarily for commercial developments and airport related and other business activities.

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GOVERNMENT, INSTITUTION OR COMMUNITY

Column 2 Column 1 Uses that may be permitted with or Uses always permitted without conditions on application to the Town Planning Board

Airmail Centre Dangerous Goods Godown Ambulance Depot Office Government Refuse Collection Point Place of Entertainment Government Use (not elsewhere specified) Radar, Telecommunications Electronic Public Utility Installation Microwave Repeater, Television and/or Radio Transmitter Installation Sewage Treatment/Screening Plant Utility Installation for Private Project

Planning Intention

This zone is intended primarily for the provision of Government, institution or community facilities to support the airport operations and to serve the needs of other developments on the airport island.

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OTHER SPECIFIED USES

Column 2 Column 1 Uses that may be permitted with or Uses always permitted without conditions on application to the Town Planning Board

For “Airport” only

Air Cargo Handling System and Facility Air Passenger and Freight Handling and Processing System/Facility Air Passenger Terminal and Concourse Air Traffic Control Tower and Centre Aircraft Maintenance Facility and Service Airfield Airport Apron Airport Runway Airport Supporting and Servicing Facility Airport Taxiway Apron Control Centre Aviation Fuel Storage Facility Government Refuse Collection Point Government Use (not elsewhere specified) Petrol Filling Station Pier Public Utility Installation Utility Installation for Private Project

Planning Intention

This zone is intended for the development of airport operational facilities.

(Please see next page)

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OTHER SPECIFIED USES (Cont’d)

Column 2 Column 1 Uses that may be permitted with or Uses always permitted without conditions on application to the Town Planning Board

For “Airport Service Area” only

Air Cargo Handling System and Facility Dangerous Goods Godown Air Catering Facility and Service Industrial Use Aircraft Maintenance Facility and Service Place of Entertainment Aviation Fuel Storage Facility Place of Recreation, Sports or Culture Cargo Handling and Forwarding Facility Public Clinic Eating Place Educational Institution Exhibition or Convention Hall Government Refuse Collection Point Government Use (not elsewhere specified) Helicopter Landing Pad Office Open Storage (excluding Open Storage of Dangerous Goods) Petrol Filling Station Public Convenience Public Transport Terminus or Station Public Utility Installation Public Vehicle Park (excluding container vehicle) Recyclable Collection Centre Refuse Disposal Installation Shop and Services Training Centre Utility Installation for Private Project Vehicle Repair Workshop Vehicle Staging Warehouse (excluding Dangerous Goods Godown) Wholesale Trade

Planning Intention

This zone is intended for the development of airport support facilities to facilitate the airport operation.

(Please see next page)

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OTHER SPECIFIED USES (Cont’d)

Column 2 Column 1 Uses that may be permitted with or Uses always permitted without conditions on application to the Town Planning Board

For “Boundary Crossing Facilities” only

Ambulance Station Government Use (not elsewhere specified) Boundary Crossing Facilities Eating Place Fire Station Government Refuse Collection Point Petrol Filling Station Pier (Government use only) Police Station Public Convenience Public Transport Terminus or Station Public Utility Installation Radar, Navigational Aid, and Communication Devices Radar, Telecommunications Electronic Microwave Repeater, Television and/or Radio Transmitter Installation Sewage Treatment/Screening Plant Shop and Services Utility Installation for Private Project

Planning Intention

This zone is intended primarily for the development of the boundary crossing facilities and related activities for the Hong Kong-Zhuhai-Macao Bridge.

Remarks

(1) No new development, or addition, alteration and/or modification to or redevelopment of an existing building shall result in a total development and/or redevelopment in excess of the maximum building heights, in terms of metres above Principal Datum, as stipulated on the Plan.

(2) Based on the individual merits of a development or redevelopment proposal, minor relaxation of the building height restrictions stated in paragraph (1) above may be considered by the Town Planning Board on application under section 16 of the Town Planning Ordinance.

(Please see next page)

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OTHER SPECIFIED USES (Cont’d)

Column 2 Column 1 Uses that may be permitted with or Uses always permitted without conditions on application to the Town Planning Board

For “Business Park” only

Broadcasting, Television and/or Film Studio Dangerous Goods Godown Cargo Handling and Forwarding Facility Industrial Use (Distribution Centre, Freight Forwarding Services Vehicle Repair Workshop and Logistics Centre only) Eating Place Educational Institution Exhibition or Convention Hall Government Refuse Collection Point Government Use (not elsewhere specified) Helicopter Landing Pad Hotel Information Technology and Telecommunications Industries Off-course Betting Centre Office Petrol Filling Station Place of Entertainment Place of Recreation, Sports or Culture Private Club Public Clinic Public Convenience Public Transport Terminus or Station Public Utility Installation Public Vehicle Park (excluding container vehicle) Recyclable Collection Centre Refuse Disposal Installation Religious Institution Research, Design and Development Centre Shop and Services Social Welfare Facility Training Centre Utility Installation for Private Project Vehicle Staging Warehouse (excluding Dangerous Goods Godown) Wholesale Trade

Planning Intention

This zone is intended primarily for airport related business activities.

(Please see next page)

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OTHER SPECIFIED USES (Cont’d)

Column 2 Column 1 Uses that may be permitted with or Uses always permitted without conditions on application to the Town Planning Board

For “Highways Maintenance Area” only

Amenity Area Public Utility Installation (not elsewhere specified) Government Use Highways Maintenance Area Public Utility Installation (Electric Substation Only)

Planning Intention

This zone is intended to designate areas for the provision of backup area for operation and maintenance of the Hong Kong Link Road.

Remarks

(1) No new development, or addition, alteration and/or modification to or redevelopment of an existing building shall result in a total development and/or redevelopment in excess of the maximum building height, in terms of number of storeys, as stipulated on the Plan.

(2) In determining the relevant maximum number of storeys for the purposes of paragraph (1) above, any basement floor(s) may be disregarded.

(3) Based on the individual merits of a development or redevelopment proposal, minor relaxation of the building height restriction stated in paragraph (1) above may be considered by the Town Planning Board on application under section 16 of the Town Planning Ordinance.

For “Pier” only

Government Use Eating Place Pier Exhibition or Convention Hall Sea Rescue Station Marine Fuelling Station Office Public Vehicle Park (excluding container vehicle) Shop and Services (not elsewhere specified)

Planning Intention

This zone is intended to designate land for piers to facilitate marine access to the airport island.

Remark

Kiosks not greater than 10m2 each in area and not more than 10 in number for use as Shop and Services are considered ancillary to “Pier” use.

(Please see next page)

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OTHER SPECIFIED USES (Cont’d)

Column 2 Column 1 Uses that may be permitted with or Uses always permitted without conditions on application to the Town Planning Board

For “Satellite Control Building” only

Satellite Control Building Government Use Public Utility Installation

Planning Intention

This zone is intended primarily to reserve land for the development of a satellite control building.

Remarks

(1) No new development, or addition, alteration and/or modification to or redevelopment of an existing building shall result in a total development and/or redevelopment in excess of the maximum building height, in terms of metres above Principal Datum, as stipulated on the Plan.

(2) Based on the individual merits of a development or redevelopment proposal, minor relaxation of the building height restriction stated in paragraph (1) above may be considered by the Town Planning Board on application under section 16 of the Town Planning Ordinance.

For “Sea Rescue Station” only

Sea Rescue Station Government Use Public Utility Installation

Planning Intention

This zone is intended primarily to reserve land for the reprovisioning of the existing Fire Services Department East Sea Rescue Facilities.

Remarks

(1) No new development, or addition, alteration and/or modification to or redevelopment of an existing building shall result in a total development and/or redevelopment in excess of the maximum building height, in terms of number of storeys, as stipulated on the Plan.

(2) In determining the relevant maximum number of storeys for the purposes of paragraph (1) above, any basement floor(s) may be disregarded.

(3) Based on the individual merits of a development or redevelopment proposal, minor relaxation of the building height restriction stated in paragraph (1) above may be considered by the Town Planning Board on application under section 16 of the Town Planning Ordinance.

(Please see next page)

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OTHER SPECIFIED USES (Cont’d)

Column 2 Column 1 Uses that may be permitted with or Uses always permitted without conditions on application to the Town Planning Board

For “Ventilation Building” only

Ventilation Building Government Use Public Utility Installation

Planning Intention

This zone is intended primarily to reserve land for the development of a ventilation building.

Remarks

(1) No new development, or addition, alteration and/or modification to or redevelopment of an existing building shall result in a total development and/or redevelopment in excess of the maximum building height, in terms of metres above Principal Datum, as stipulated on the Plan.

(2) Based on the individual merits of a development or redevelopment proposal, minor relaxation of the building height restriction stated in paragraph (1) above may be considered by the Town Planning Board on application under section 16 of the Town Planning Ordinance.

For “Amenity Area” Only Amenity Area Government Use Public Utility Installation Utility Installation for Private Project

Planning Intention

This zone is intended to designate land for major roadside amenity areas and landscape buffers.

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GREEN BELT

Column 2 Column 1 Uses that may be permitted with or Uses always permitted without conditions on application to the Town Planning Board

Government Use (Police Reporting Cable Car Route and Terminal Building Centre only) Field Study/Education/Visitor Centre Nature Reserve Government Refuse Collection Point Nature Trail Government Use (not elsewhere specified) Picnic Area Petrol Filling Station Public Convenience Place of Recreation, Sports or Culture Wild Animals Protection Area Public Utility Installation Public Vehicle Park (excluding container vehicle) Radar, Telecommunications Electronic Microwave Repeater, Television and/or Radio Transmitter Installation Utility Installation for Private Project

Planning Intention

This zone is intended to preserve the existing natural landscape at the knoll in the southeastern tip of the airport island to provide a visual and environmental buffer for the adjacent new town development. There is a general presumption against development in this zone.

Appendix IV

DRAFT CHEK LAP KOK OUTLINE ZONING PLAN NO. S/I-CLK/11

EXPLANATORY STATEMENT

EXPLANATORY STATEMENT

DRAFT CHEK LAP KOK OUTLINE ZONING PLAN NO. S/I-CLK/11

CONTENTS Page

1. INTRODUCTION 1

2. AUTHORITY FOR THE PLAN AND PROCEDURE 1

3. OBJECT OF THE PLAN 2

4. NOTES OF THE PLAN 3

5. THE PLANNING SCHEME AREA 3

6. POPULATION 3

7. LAND USE ZONINGS

7.1 Commercial 4 7.2 Government, Institution or Community 4 7.3 Other Specified Uses 4 7.4 Green Belt 7

8. COMMUNICATIONS 8

9. UTILITY SERVICES 10

10. CULTURAL HERITAGE 11

11. IMPLEMENTATION 11

DRAFT CHEK LAP KOK OUTLINE ZONING PLAN NO. S/I-CLK/11

(Being a Draft Plan for the Purposes of the Town Planning Ordinance)

EXPLANATORY STATEMENT

Note: For the purposes of the Town Planning Ordinance, this statement shall not be deemed to constitute a part of the Plan.

1. INTRODUCTION

This Explanatory Statement is intended to assist an understanding of the draft Chek Lap Kok Outline Zoning Plan (OZP) No. S/I-CLK/11. It reflects the planning intention and objectives of the Town Planning Board (the Board) for various land use zonings of the Plan.

2. AUTHORITY FOR THE PLAN AND PROCEDURE

2.1 On 22 May 1996, under the power delegated by the then Governor, the then Secretary of Planning, Environment and Lands, directed the Board, under section 3(1)(a) of the Town Planning Ordinance (the Ordinance), to prepare an OZP for the airport island at Chek Lap Kok. On 13 December 1996, the draft Chek Lap Kok OZP No. S/I-CLK/1 was exhibited for public inspection under section 5 of the Ordinance. The draft OZP was subsequently amended and exhibited for public inspection under section 7 of the Ordinance. On 10 April 2001, the Chief Executive in Council (CE in C), under section 9(1)(a) of the Ordinance, approved the draft Chek Lap Kok OZP, which was subsequently renumbered as S/I-CLK/3. On 20 April 2001, the approved Chek Lap Kok OZP No. S/I-CLK/3 was exhibited for public inspection under section 9(5) of the Ordinance.

2.2 On 25 September 2001, the CE in C referred the approved OZP No. S/I-CLK/3 to the Board for amendment under section 12(1)(b)(ii) of the Ordinance. The OZP was subsequently amended and exhibited for public inspection under section 5 of the Ordinance. On 8 October 2002, the CE in C, under section 9(1)(a) of the Ordinance, approved the draft Chek Lap Kok OZP, which was subsequently renumbered as S/I-CLK/5. On 18 October 2002, the approved Chek Lap Kok OZP No. S/I-CLK/5 was exhibited for public inspection under section 9(5) of the Ordinance.

2.3 On 8 July 2003, the CE in C referred the approved OZP No. S/I-CLK/5 to the Board for amendment under section 12(1)(b)(ii) of the Ordinance. On 31 October 2003, the draft OZP No. S/I-CLK/6, incorporating amendments to the Notes to reflect the revised Master Schedule of Notes to Statutory Plans endorsed by the Board and technical amendments with minor zoning boundary adjustments, was exhibited for public inspection under section 5 of the Ordinance. During the exhibition period, no objection was received.

2.4 On 27 August 2004, the draft OZP No. S/I-CLK/7, incorporating refinement to the - 2 - S/I-CLK/11

covering Notes to clarify the planning intention of “existing use” and to the Notes of the “Coastal Protection Area” zone, was exhibited for public inspection under section 7 of the Ordinance. Opportunity was also taken to show the Airport Exhibition Centre Station on the Plan for information. During the exhibition period, no objection was received.

2.5 On 15 April 2005, the draft Chek Lap Kok OZP No. S/I-CLK/8, incorporating mainly amendment to the definition of “existing building” in the covering Notes, was exhibited for public inspection under section 7 of the Ordinance. During the exhibition period, no objection was received.

2.6 On 30 June 2005, the draft Chek Lap Kok OZP No. S/I-CLK/9, incorporating the rezoning of an area to the west of an existing aviation fuel tank farm on Chun Yue Road from “Other Specified Uses” annotated “Business Park” to “Other Specified Uses” annotated “Airport Service Area”, was exhibited for public inspection under section 7 of the Ordinance. During the exhibition period, no objection was received.

2.7 On 9 May 2006, the CE in C, under section 9(1)(a) of the Ordinance, approved the draft Chek Lap Kok OZP, which was subsequently renumbered as S/I-CLK/10. On 19 May 2006, the approved Chek Lap Kok OZP No. S/I-CLK/10 was exhibited for public inspection under section 9(5) of the Ordinance.

2.8 On 28 March 2009, the Secretary for Development, under the delegated authority of the Chief Executive, directed the Board under section 3(1)(a) of the Ordinance to extend the planning scheme boundary of the Chek Lap Kok OZP to cover the proposed reclamation areas for the Hong Kong-Zhuhai-Macao Bridge (HZMB) Hong Kong Boundary Crossing Facilities (HKBCF), HZMB Hong Kong Link Road (HKLR), the Southern Landfall of Tuen Mun – Chek Lap Kok Link (TM-CLKL) and other proposed road works, and the proposed reprovisioning site for Fire Services Department’s Sea Rescue Facilities.

2.9 On 5 May 2009, the CE in C referred the approved Chek Lap Kok OZP No. S/I-CLK/10 to the Board for amendment under section 12(1)(b)(ii) of the Ordinance. The reference back was notified in the Gazette on 15 May 2009 under section 12(2) of the Ordinance.

2.10 On 12 June 2009, the draft Chek Lap Kok OZP No. S/I-CLK/11 (the Plan), incorporating the transport infrastructures and land use proposals on the proposed reclamation areas for the HZMB HKBCF, HZMB HKLR and TM-CLKL Southern Landfall, was exhibited for public inspection under section 5 of the Ordinance.

3. OBJECT OF THE PLAN

3.1 The object of the Plan is to indicate the broad land use zonings and major transport network for the airport island and the HZMB HKBCF at Chek Lap Kok so that development and redevelopment on the island can be put under statutory planning control.

3.2 The Plan is to illustrate the broad principles of development within the Planning Scheme

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Area. As it is a small-scale plan, the alignments of roads and railways and boundaries between land use zones may be subject to minor adjustments as detailed planning and development proceed.

4. NOTES OF THE PLAN

4.1 Attached to the Plan is a set of Notes which shows the types of uses or developments which are always permitted within the Planning Scheme Area and in particular zones and which may be permitted by the Board, with or without conditions, on application. The provision for application for planning permission under section 16 of the Ordinance allows greater flexibility in land use planning and control of development to meet changing needs.

4.2 For the guidance of the general public, a set of definitions that explains some of the terms used in the Notes may be obtained from the Technical Services Division of the Planning Department and can be downloaded from the Board’s website at http://www.info.gov.hk/tpb.

5. THE PLANNING SCHEME AREA

5.1 The Planning Scheme Area (the Area), covering the airport island, the HZMB HKBCF, HZMB HKLR and the Southern Landfall of TM-CLKL at Chek Lap Kok, is located off the north shore of Lantau and separated physically from the new town development in Tung Chung by a 200m wide water channel.

5.2 The boundary of the Area is shown in a heavy broken line on the Plan. The total area covered by the Plan, including the area designated for pier development, is approximately 1,445 ha.

5.3 Complex geological conditions are known to exist within the Northshore Lantau Area, which can have significant effects on foundation design and construction in terms of both development costs and construction programme. The affected area is referred to as “the Designated Area of Northshore Lantau”. Information on the geology of Northshore Lantau and technical guidance on foundation works are available from Civil Engineering and Development Department.

6. POPULATION

6.1 There is no residential population other than those taking accommodation in the hotels and staff quarters on the airport island.

6.2 Currently, the number of workers within the Area is around 45,000. It is anticipated that this would rise to about 95,000 upon full development, including 5,000 workers at the HZMB - HKBCF.

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6.3 The existing airport passenger terminal with dual runway operations is capable of handling 45 million air passengers a year at present. Future expansion of the airport will be able to bring up the annual throughput to 87 million air passengers.

6.4 The planned HKBCF aims to provide necessary facilities for government departments to carry out police, customs, immigration and quarantine control for vehicles and passengers using the HZMB, as well as other necessary supporting facilities. It is anticipated that the daily two-way traffic of the HZMB will be about 36,000 to 49,000 vehicles per day and 191,000 to 234,000 passengers per day at 2035.

7. LAND USE ZONINGS

7.1 “Commercial” (“C”): Total Area: 118.18 ha

7.1.1 This zone is intended primarily for commercial developments and airport related and other business activities. The eastern part of the airport island is under this zoning to provide an aesthetically pleasant environment for airport-related enterprises and other business activities that require prominent and accessible locations on the airport island. Hotel, office, retail, exhibition centre, recreational and other supporting facilities are planned in this zone. Land is also set aside for the expansion of the air passenger terminal, ground transportation centre and the development of passenger ferry terminal.

7.1.2 There is a comprehensive transport network to link up the commercial developments, terminal buildings, ground transportation centre and Airport Express Airport Station within the “Commercial” zone. Public car parks are also included. Hence, a large percentage of the area within this zone would be taken up by transport infrastructure.

7.2 “Government, Institution or Community” (“G/IC”): Total Area: 12.30 ha

7.2.1 This zone is intended primarily for the provision of Government, institution or community facilities to support the airport operations and to serve the needs of other developments on the airport island.

7.2.2 The existing major GIC facilities within the zone include a Government flying services centre, a fire station, a police complex and an airmail centre.

7.3 “Other Specified Uses” (“OU”): Total Area: 1,220.12ha

7.3.1 This zoning covers land allocated for the following specific uses:

7.3.2 Airport: 880.90 ha

This zone is intended for the development of airport operational facilities. The northern part of the airport island is under this zoning. Major facilities include runways, airfield, air traffic control towers, air passenger terminal and concourses,

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and aircraft parking aprons. The uses of such facilities are unique and special. They are put under Column 1 as always permitted uses in the Notes to allow maximum flexibility for airport operational development. Other uses permitted include ‘Aviation Fuel Storage Facility’, ‘Air Passenger and Freight Handling and Processing System/Facility’ and ‘Air Cargo Handling System and Facility’ that comprise aircraft parking apron, cargo staging and loading/unloading apron, etc.

7.3.3 Airport Service Area: 137.99 ha

This zone is intended for the development of airport support facilities to facilitate the airport operation. The area to the west and south of the airport proper is under this zoning. The major support facilities include air cargo terminals, facilities for airline catering, aircraft fuelling, aircraft maintenance and the aviation fuel tank farms.

7.3.4 Boundary Crossing Facilities: 130.64 ha

7.3.4.1 This zone is intended primarily for the development of boundary crossing facilities and related activities for the HZMB. Major facilities include vehicle clearance facilities, passenger clearance building, transit halls, pick-up/drop–off zones for passengers, public transport interchange, government offices and other necessary supporting facilities. These facilities are arranged so as to achieve proper and smooth operation of the clearance procedures and traffic movements. The key design parameters for HKBCF include the following:

(a) the design flow of respective types of vehicles and passengers using HKBCF; (b) the processing times for each type of vehicles and passengers; (c) the area and other requirements for the accommodation of operational departments / supporting facilities; and (d) the operational flow for clearance of vehicles / passengers.

7.3.4.2 Most of the planned buildings on the HKBCF will be low-rise with building heights ranging from 10m to 25m, except the Passenger Clearance Building, which act as the main gateway building for passengers travelling via coaches, shuttle buses and/or other public transports, police tower and the Fire Services Department’s fire drill tower which may have building heights of about 30m to 40m to meet operational requirements.

7.3.4.3 Development and redevelopment within this zone are subject to maximum building height restrictions ranging from 15mPD to 45mPD as stipulated on the Plan. Minor relaxation of the building height restrictions stipulated on the Plan may be considered by the Board through the planning permission system. Each application for minor relaxation of the building height restriction will be considered on its own merits.

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7.3.4.4 Provision has also been made to provide an underground automated people mover in the transit hall building to connect the HKBCF with Hong Kong International Airport (HKIA) to serve air/land transit passengers.

7.3.4.5 All developments within this zone would also have to satisfy the Airport Height Restrictions at their respective locations of the buildings.

7.3.5 Business Park: 44.74 ha

This zone is intended primarily for airport related business activities. An area to the southern part of the airport island is under this zoning. It is intended to accommodate, inter alia, freight forwarding ٛ enters, airport-related offices, airline headquarters and operational buildings, hotel and retail uses.

7.3.6 Highways Maintenance Area: 5.59 ha

7.3.6.1 This zone is intended to designate areas for the provision of backup area for operation and maintenance of the HKLR. The areas to the south of Dragonair Tower and CNAC Tower are under this zoning.

7.3.6.2 Development and redevelopment within this zone are subject to maximum building height restriction of 2 storeys as stipulated on the Plan. Minor relaxation of the building height restriction may be considered by the Board through the planning permission system. Each application for minor relaxation of the building height restriction will be considered on its own merits.

7.3.7 Pier: 14.19 ha

This zone is intended to designate land for piers to facilitate marine access to the airport island. An area at the northeastern coast is under this zoning. The areas covers the SkyPier I and SkyPier II, together with an area just beyond the coastline to facilitate future pier development providing ferry services to the airport.

7.3.8 Satellite Control Building: 0.04 ha

7.3.8.1 This zone is intended primarily to reserve land for the development of a satellite control building. The satellite control building will be located near the portal of the Southern Landfall of the TM-CLKL Tunnel.

7.3.8.2 Development and redevelopment within this zone are subject to maximum building height restriction of 25mPD as stipulated on the Plan. Minor relaxation of the building height restriction may be considered by the Board through the planning permission system. Each application for minor relaxation of building height restriction will be considered on its own merits.

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7.3.9 Sea Rescue Station: 0.40 ha

7.3.9.1 This zone is intended primarily to reserve land for the reprovisioning of the existing Fire Services Department East Sea Rescue Facilities. The existing facilities will be affected by the proposed automated people mover.

7.3.9.2 Development and redevelopment within this zone are subject to maximum building height of 1 storey as stipulated on the Plan . Minor relaxation of the building height restriction may be considered by the Board through the planning permission system. Each application for minor relaxation of the building height restriction will be considered on its own merits.

7.3.10 Ventilation Building: 0.30 ha

7.3.10.1 This zone is intended primarily to reserve land for the development of a ventilation building. The ventilation building will be located at the northern end of the southern landfall reclamation of the TM-CLKL tunnel.

7.3.10.2 Development and redevelopment within this zone are subject to maximum building height restriction of 30mPD as stipulated on the Plan. Minor relaxation of the building height restriction may be considered by the Board through the planning permission system. Each application for minor relaxation of building height restriction will be considered on its own merits.

7.3.11 Amenity Area: 5.33 ha

This zone is intended to designate land for major roadside amenity areas and landscape buffers. This zone covers the proposed amenity area as landscape buffer between the Dragonair Tower and CNAC Tower and the proposed carriageway from HKBCF to the airport island and the HKLR.

7.4 “Green Belt” (“GB”): Total Area: 21.30 ha

7.4.1 The planning intention of this zone is to preserve the existing natural landscape at the knoll in the southeastern tip of the airport island to provide a visual and environmental buffer for the adjacent new town development. There is a general presumption against development in this zone. This zone also serves the purpose of providing a passive recreational outlet. The Scenic Hill is under this zoning.

7.4.2 Development within this zone will be strictly controlled. Development proposals will be considered on individual merits taking into account the relevant Town Planning Board Guidelines. Planning permission has been granted by the Board for the Airport Island Angle Station, Support Tower and Cable Car Route, which are essential components of the Tung Chung Cable Car Project, at the foothill of the Scenic Hill.

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7.4.3 A section of the HKLR would run through Scenic Hill by means of a tunnel, and daylights at the new reclamation at the east coast of the airport island.

8. COMMUNICATIONS

8.1 Roads

8.1.1 Only the major road networks are shown on the Plan. As the Plan is drawn at a small scale, details of road junctions and interchanges, local roads and footpaths are not indicated. They are subject to detailed design.

8.1.2 The (NLH) running along the north shore of Lantau provides the strategic link between the airport and other areas in the territory. External road access to and from the airport is mainly via the NLH and the which feeds into via a major interchange on Island and leads to Central via the Highway and the . From the major interchange on Tsing Yi Island, there is a road link to the North West New Territories via Bridge.

8.1.3 Two separate road bridges link up the airport with Tung Chung. The bridge of NLH caters for express road traffic whilst the bridge of Chek Lap Kok South Road serves local traffic between Tung Chung and the airport.

8.1.4 A comprehensive local road network and a people mover system provide convenient access to the passenger terminals, ground transportation centre, airport support facilities and other developments. Public access to airside roads is restricted for security reasons.

8.1.5 The HKBCF is connected to the HZMB Main Bridge at the Hong Kong Special Administrative Region (HKSAR) boundary by the HKLR. An internal road network is provided within the HKBCF to allow all necessary public traffic movements. A system of service roads designated for operational staff only to circulate within various parts of HKBCF, without conflicting with normal traffic, will also be provided.

8.1.6 The HKLR is a dual 3-lane carriageway of about 12 km in length connecting the proposed HZMB Main Bridge at the HKSAR boundary with the proposed HKBCF. It comprises (i) a sea viaduct from the HKSAR boundary to the landing point on the airport island near South Perimeter Road and a land viaduct from the landing point on the airport island to Scenic Hill with about 9.4 km in total length; (ii) a tunnel of about 1km in length at Scenic Hill; and (iii) an at-grade road of about 1.6km in length at the eastern coast of the airport island to the HKBCF.

8.1.7 The HKBCF is connected to the road network of Hong Kong territory by:

(a) road links to the airport island for traffic to/from the HKIA and Tung

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Chung; (b) TM-CLKL main tunnel for traffic to/from Tuen Mun and North West New Territories; and (c) TM-CLKL southern connection for traffic to/from Lantau Island and other parts of Hong Kong.

8.1.8 The TM-CLKL is a dual 2-lane carriageway in the form of bridge-cum-tunnel structure comprising about 5 km undersea tunnel and 4 km viaduct from Tuen Mun Pillar Point to North Lantau and HKIA via the proposed HKBCF. Its purpose is to form a new strategic corridor between North West New Territories and Lantau Island in order to relieve anticipated future congestion on the Lantau Link. It also provides an alternative direct link between Tuen Mun and HKIA, serving the needs of the travelers and the logistics industry.

8.2 Rail

8.2.1 The Airport Express provides a high speed and high frequency service specifically designed for air passengers. It runs between and the airport with intermediate stops at Kowloon and Tsing Yi. The Airport Express Airport Station is located immediately adjacent to the air passenger terminal building. The railway scheme incorporating the Airport Exhibition Centre Station (also known as the AsiaWorld-Expo Station) located to the north of an exhibition centre (AsiaWorld-Expo) was authorized by the Secretary for Environment, Transport and Works under the Railways Ordinance (Chapter 519) in May 2004 and is shown on the Plan for information only. Pursuant to section 13A of the Ordinance, the railway scheme authorized under the Railways Ordinance (Chapter 519) shall be deemed to be approved under the Ordinance.

8.2.2 The Mass Transit Railway (MTR) provides a local service following the same route as the Airport Express, except that it terminates at Tung Chung Town Centre. Alternative access to the airport by rail can be made via the MTR Tung Chung Line to Tung Chung where there are direct bus service connections to the airport.

8.2.3 The air passenger terminal is connected to the SkyPier by an underground Automated People Mover (APM) system. The APM may be extended to connect the HKBCF and HKIA to serve transit passengers.

8.2.4 The Airport Rail Link (ARL) Project, which intends to provide a rail link between Shenzhen Airport and HKIA, is at planning stage. Among various options, one possibility is to locate the ARL’s southern terminal in HKBCF. The design of the HKBCF has catered for such possibility.

8.3 Ferry

An existing ferry pier is located at the north-eastern coast of the Area. Ferry terminal and additional pier could be developed within the “OU” annotated “Pier” zone to facilitate expansion of ferry services. Operation of Phase 1 Cross Boundary Passenger Ferry

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Terminal (SkyPier I) to serve transit passengers at the airport by the Airport Authority Hong Kong has commenced in September 2003. Phase 2 (SkyPier II) is scheduled for completion within 2009.

8.4 Public Transport

8.4.1 Apart from trains and ferries, franchised buses and taxis are also important modes of public transport to the Area.

8.4.2 The ground transportation centre is integrated with the Airport Express Airport Station and attached to the air passenger terminal building for the convenience of the passengers, greeters and well-wishers. The ground transportation centre includes a public transport interchange to accommodate different transport modes, pick-up areas for arrival traffic as well as setting-down areas for departure traffic.

8.4.3 A public transport interchange will be provided at the HKBCF to serve the needs of the cross-boundary passengers.

9. UTILITY SERVICES

9.1 Water Supply

9.1.1 Fresh water supply to the Area is obtained from the Tung Chung Fresh Water Service Reservoir via the distribution mains (including a dedicated main for direct supply to the airport area).

9.1.2 A salt water reticulation system has been built in the airport island to provide the dual function of cooling for air-conditioning system and flushing. A new salt water reticulation system will be provided at the HKBCF to provide the same dual functions.

9.2 Electricity

Electricity is supplied to the Area through a new distribution network. Adequate sites have been reserved for electric substations to meet the demand in both short and long terms.

9.3 Telephone

Telephone services are available through a telephone exchange in the Area.

9.4 Gas

Gas supply is extended from the existing network in the New Territories to the Area via submarine pipelines. The gas pipeline lands at Ta Pang Po and leads to the Area via the Pigging/Offtake Station at Tai Ho in North Lantau.

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9.5 Sewerage and Drainage

9.5.1 Sewage from the airport island is collected and conveyed by sewers to a sewage pumping station and transferred to the sewage treatment works at Siu Ho Wan in North Lantau for treatment. A sewage treatment plant will be provided at the HKBCF for treating sewage to be generated in the HKBCF.

9.5.2 The stormwater drainage system in the airport island is connected to the outfalls on the perimeter of the island. Airport Authority Hong Kong is responsible for the maintenance and operation of the sewerage and stormwater drainage systems in the airport island. For the HKBCF, all new stormwater drains and culverts will be positioned to align with the carriageways where possible.

10. CULTURAL HERITAGE

A heritage site with kilns dated back to Yuan Dynasty, namely Ha Law Wan Archaeological Site, is located at the Scenic Hill. The site is worthy of preservation, thus any development or redevelopment on it should be avoided as far as possible. Prior consultation with the Antiquities and Monuments Office of the Leisure and Cultural Services Department is required for any development proposals which may affect this site and its immediate environs.

11. IMPLEMENTATION

11.1 Although existing uses non-conforming to the statutory zonings are tolerated, any material change of use and any other development/redevelopment must be always permitted in terms of the Plan or, if permission is required, in accordance with the permission granted by the Board. The Board has published a set of guidelines for the interpretation of existing use in the urban and new town areas. Any person who intends to claim an “existing use right” should refer to the guidelines and will need to provide sufficient evidence to support his claim. The enforcement of the zonings mainly rests with the Buildings Department, the Lands Department and the various licensing authorities.

Airport Island

11.2 The airport development was one of the ten Airport Core Programme projects. The main site preparation works for the airport began in 1992 and all site formation works were completed in June 1995.

11.3 In December 1995, the airport island was granted to Airport Authority Hong Kong for the development and operation of the airport. Under the land grant conditions, the Airport Authority Hong Kong was required to prepare the Airport Concept Plan and Master Layout Plans for specific building projects to the satisfaction of the Government.

11.4 The airport was commissioned on 6 July 1998 with a single runway, a passenger terminal complex, associated airport facilities and commercial developments. The second runway

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came into operation in August 1999. Additional elements of the airport will be built in phases to tie in with the growth in air traffic volume.

11.5 The strategic transport links comprising the NLH and the Airport Railway were components of the Airport Core Programme projects implemented by the Highways Department and the Mass Transit Railway Corporation Limited respectively.

Hong Kong Boundary Crossing Facilities for Hong Kong-Zhuhai-Macao Bridge

11.6 On 7 January 2007, the Hong Kong-Zhuhai-Macao Bridge Task Force led by the National Development and Reform Commission with representatives from the Ministry of Transport, the Hong Kong and Macao Affairs Office, and the governments of the Hong Kong Special Administrative Region, Guangdong Province and the Macao Special Administrative Region recommended that the boundary crossing facilities of each government should be set up within their respective territories. The HZMB, with the HKBCF and HKLR, will provide a land transport link between HKSAR and the Pearl River West and would contribute to the development of tourism, logistics, finance and trade in HKSAR. This would reinforce HKSAR’s status as an international shipping and aviation centre, and promote the economic integration between HKSAR and the Pearl River West.

11.7 The projects of HKBCF, HKLR and TM-CLKL is scheduled to commence the construction works in 2010/2011 for completion in 2015/2016.

Planning Application

11.8 Planning applications to the Board will be assessed on individual merits. In general, the Board, in considering planning applications, will take into account all relevant planning considerations that may include the guidelines published by the Board. Guidelines published by the Board are available from the Board’s website, the Secretariat of the Board and the Technical Services Division of the Planning Department. Application forms and Guidance Notes for planning applications can be downloaded from the Board’s website and are available from the Secretariat of the Board, and the Technical Services Division and the relevant District Planning Office of the Planning Department. Applications should be supported by such materials as the Board thinks appropriate to enable it to consider the applications.

TOWN PLANNING BOARD JUNE 2009